HomeMy WebLinkAbout20221010 Ver 1_BRM Industrial Park PCN Form - Signed 8-25-22_20220825Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the Corps:
❑ Section 10 Permit
\ Section 404 Permit
1 b. Specify Nationwide Permit (NWP) number: 18 & 39 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps?
❑ Yes \ No
1 d. Type(s) of approval sought from
the DWQ (check all that apply):
— Regular ❑ Non-404 Jurisdictional General Permit
— Express ❑ Riparian Buffer Authorization
\ 401 Water Quality Certification
❑ 401 Water Quality Certification
1 e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
For the record only for Corps Permit:
❑ Yes \ No
❑ Yes \ No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes \ No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes \ No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes \ No
2. Project Information
2a. Name of project:
Blue Ridge Metals Industrial Park
2b. County:
Henderson
2c. Nearest municipality / town:
Fletcher
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
MINKLES BRM, LLC
3b. Deed Book and Page No.
003794/00258
3c. Responsible Party (for LLC if
applicable):
David E. Gibbons
3d. Street address:
7 Parliament Place
3e. City, state, zip:
Dallas, Texas 75225
3f. Telephone no.:
(214) 616-0652
3g. Fax no.:
N/A
3h. Email address:
david@bunrootis.com
Page 1 of 10
PCN Form — Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is:
\ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
R. Clement Riddle
5b. Business name
(if applicable):
ClearWater, an EnviroScience Company
5c. Street address:
145 7th Avenue W; Suite B
5d. City, state, zip:
Hendersonville, NC 28792
5e. Telephone no.:
828-698-9800
5f. Fax no.:
N/A
5g. Email address:
jgolladay@enviroscienceinc.com
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID):
9663-10-2350
1 b. Site coordinates (in decimal degrees): Latitude: 35.432196 Longitude: -82.486604
1 c. Property size:
58.05 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Cane Creek / Hoopers Creek
2b. Water Quality Classification of nearest receiving water:
Class C / Class C
2c. River basin:
Upper French Broad / 06010105
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
See additional information following the PCN form.
3b. List the total estimated acreage of all existing wetlands on the property: 0.395
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 630
3d. Explain the purpose of the proposed project:
The purpose of the project is to fill wetland ditches on site to provide sufficient rock ballast surface area for storage of auto auctioned vehicles.
3e. Describe the overall project in detail, including the type of equipment to be used:
See additional information following the PCN form.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
(includingall priorphases)in the past?
project �
\ Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
Preliminary \ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Clearwater
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW-2021-00707; Approved Jurisdictional Determination Issued June 09, 2021. See Attachment A.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
Yes \ No Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes \ No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections
were completed below for your project (check
❑ Streams — tributaries ❑ Buffers
all that apply):
Waters ❑ Pond Construction
\ Wetlands
\
Open
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 -
Choose one
Choose one
Yes/No
-
W2 -
Choose one
Choose one
Yes/No
-
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
2h. Comments:
SEE ATTACHED SUPPLEMENTAL INFORMATION.
Wetland Impacts W1-W2 proposed to be authorized by Nationwide Permit 39.
Wetland Impacts W3-W7 proposed to be authorized by Nationwide Permit 18.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 -
Choose one
-
-
S2 -
Choose one
-
-
S3 -
Choose one
-
-
S4 -
Choose one
-
-
S5 -
Choose one
-
-
S6 -
Choose one
-
-
3h. Total stream and tributary impacts
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary (T)
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 P
N/A
Fill
Pond
0.005
O2 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:Owl proposed to be authorized by NWP 39.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number-
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
B1 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The proposed wetland impacts are the minimum necessary to provide sufficient parking area and maneuverability for the anticipated volume of auto
auctioned vehicles. Wetland impacts W2, W3, and W4 occur in reaches of linear wetland that already contain sections of culvert, which contributes to
minimization of impacts. The current site impact plan avoids 100% of the streams on site and avoids 76% of wetlands on site.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All equipment will be operated from high ground. The applicant will adhere to erosion and sediment control standards necessary to protect
downstream water quality.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
No
❑ Yes \
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
Yes \ No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑ Yes \ No
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
62.5 %
2b. Does this project require a Stormwater Management Plan?
\ Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The proposed project is subject to review and approval by Henderson County. Henderson County is a delegated authority for the review and approval
of Stormwater Management Plans. Documentation of approval can be forwarded if requested
2e. Who will be responsible for the review of the Stormwater Management Plan?
Henderson County
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
Henderson County
3b. Which of the following locally -implemented stormwater management programs
apply (check all that apply):
\ Phase II
NSW
❑ USMP
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes \ No
4. DWQ Stormwater Program Review
4a. Which of the following state -implemented stormwater management programs apply
(check all that apply):
Coastal counties
❑ HQW
❑ORW
❑Session Law 2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land?
❑ Yes \ No
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
❑ Yes ❑ No
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
Comments:
❑ Yes ❑ No
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
❑ Yes \ No
2b. Is this an after -the -fact permit application?
❑Yes \ No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality?
Yes \ No
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The proposed impacts will not result in additional development that could affect downstream water quality.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Facility associated wastewater will tie in to existing Metropolitan Sewage District sanitary sewer main and structures along Mills Gap Road.
Page 9 of 10
PCN Form — Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat?
❑ Yes
\ No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts?
❑ Yes
\ No
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
See additional information following the PCN form.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes
\ No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA's Essential Fish Habitat (EFH) Mapper. Accessed 07/18/2022. at https://www.habitat.noaa.gov/protection/efh/efhmapper/.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
❑ Yes
\ No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
See additional information following the PCN form.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ No
\ Yes
8b. If yes, explain how project meets FEMA requirements:
The project will partially occur within the 100-year floodplain of Cane Creek. The engineer will obtain a Henderson County Floodplain Permit if
necessary.
8c. What source(s) did you use to make the floodplain determination?
FEMA's National Flood Hazard Layer Viewer, FIRM Panel: 3700966300K & 3700966200J.
Jeff Golladay
Applicant/Agent's Printed Name
94 9deeadav
2022-7-26
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10
C.2. Wetland Impacts
NWP 39
NWP 18
2a. Wetland impact
number Permanent
(P) Temporary (T)
2b. Type of
impact
2c. Type of wetland
2d.
Forested
2e. Type of
jurisdiction
2f. Area of
impact
(acres)
W1 - P
Fill
Floodplain Wetland/Ditch
No
Corps
0.005
W2 - P
Fill
Floodplain Wetland/Ditch
No
Corps
0.010
W3 - P
Fill
Floodplain Wetland/Ditch
No
Corps
0.003
W4 - P
Fill
Floodplain Wetland/Ditch
No
Corps
0.018
W5 - P
Fill
Floodplain Wetland/Ditch
No
Corps
0.018
W6 - P
Fill
Floodplain Wetland/Ditch
No
Corps
0.037
W7 - P
Fill
Floodplain Wetland/Ditch
No
Corps
0.004
Total
0.095
Total Wetlands
0.395
NWP 39
IF0.015
Percent Avoidance
75.95
NWP 18
0.080
PCN Form Additional Information
Section B.3a Project Description — Land Use
The project area is currently an undeveloped, agricultural field. The project area is bordered by
Cane Creek (Class C) and agricultural lots to the west, Hoopers Creek (Class C) and agricultural
lots to the south, industrial and manufacturing facilities to the east, and Mills Gap Road and
industrial and manufacturing facilities to the north. The project site covers approximately 58.05
acres and is entirely cleared except for several wetland ditches and one small tributary to Cane
Creek.
Section B.3e Project Description — Details
The project will involve the construction of a new auto auctioned vehicle storage lot. To provide
adequate parking area for the anticipated volume of auto auctioned vehicles, the development
will require the installation of approximately 34.2 acres of rock ballast surfacing (See Figure 5).
The installation of the proposed rock ballast surfacing will involve seven (7) permanent wetland
impacts and one permanent open water impact. Two (2) of the permanent wetland impacts
(Impact W1 [0.005 Ac]; and Impact W2 [0.010 Ac]) and the open water impact (Impact OW1 [0.005
Ac]) are proposed to occur outside of the FEMA designated 100-year floodplain. The five (5)
remaining permanent wetland impacts (Impact W3 [0.003 Ac]; Impact W4 [0.018 Ac]; Impact W5
[0.018 Ac]; Impact W6 [0.037 Ac]; and Impact W7 [0.004 Ac]) are proposed to occur within the
FEMA designated 100-year floodplain. Permanent Wetland Impacts W1 and W2 and Open Water
Impact OW1 seek authorization under Nationwide Permit 39. Permanent Wetland Impacts W3,
W4, W5, W6, and W7 seek authorization under Nationwide Permit 18. Please refer to Figure 5
for wetland and open water impact details. Typical grading equipment (trackhoe, dozer, drum -
roller, etc.) will be used during the development of the site and will be operated from high ground.
Section F.5d Endangered Species and Designated Critical Habitat — Sources
The USFWS IPaC "Official Species List" (Appendix B) lists nine (9) species as potentially
occurring within the project boundary:
Common Name
Scientific Name
Status
Appalachian elktoe
Alasmidonta raveneliana
Endangered
Bog turtle
Glyptemys muhlenbergii
Threatened (S/A) 2
Bunched arrowhead
Sagittaria fasciculata
Endangered
Gray bat
Myotis grisescens
Endangered
Mountain sweet pitcherplant
Sarracenia rubra ssp. jonesii
Endangered
Northern long-eared bat
Myotis septentrionalis
Threatened
Small whorled pogonia
Isotria medeoloides
Threatened
Swamp pink
Helonia bullata
Threatened
White irisette
Sisyrinchium dichotomum
Endangered
The project area is currently an undeveloped, agricultural field. The property is dominated by row
crop and has been in continuous agricultural use for the past 25+ years.
ClearWater consulted the FWS's "Northern Long -Eared Bat Consultation Areas" for Henderson
County. The project site is not within a watershed with known northern long-eared bat maternity
trees or hibernation sites. Therefore, the project satisfies the 4(d) rule and consultation for effects
on the northern long-eared bat is not required.
No naturally occurring suitable habitat (caves) for the gray bat were observed on this site. It is the
opinion of ClearWater that this project is not likely to adversely affect the gray bat.
No medium -to -large streams or bogs were observed within the project boundary; therefore,
suitable habitat for Appalachian elktoe, bog turtle, mountain sweet pitcher -plant, and swamp pink
is not present with the project site. It is the opinion of ClearWater that this project is not likely to
adversely affect any of these species.
Potentially suitable habitat for bunched arrowhead was not observed in the wetlands on site. The
proposed impacted wetlands are historic agricultural ditches that are dense with numerous
invasive species (See attached photos). No herbs belonging to the Sagittaria genus were
observed on site. It is the opinion of ClearWater that project activities are not likely to adversely
affect bunched arrowhead.
Potentially suitable habitat for white irisette was not observed on site. The site lies at elevations
below those known to support populations of white irisette and no regions of the site provides
areas of shallow soil over rock. No herbs belonging to the Sisyrinchium genus were observed on
site. It is the opinion of ClearWater that project activities are not likely to adversely affect white
irisette.
Potentially suitable habitat for small whorled pogonia was not observed within the project site.
The project site does not contain the forested habitat and companion species typically associated
with small whorled pogonia. Additionally, no members of the Isotria genus were observed on site.
It is the opinion of ClearWater that the project is not likely to adversely affect small whorled
pogonia.
A review of the NC Natural Heritage Program database on July 18, 2022, indicates no element
occurrences of federally protected species within a one -mile radius of the project boundary. See
Appendix B.
Section F.7b. Historic or Prehistoric Cultural Resources — Sources
One historic resource is located within 0.5 mile of the project site. The historic resource is listed
as Site ID HN1987: The Meadows (Blake House). The listed historic site is located approximately
0.4 miles from the project site and is currently surrounded by commercial businesses. It is the
opinion of ClearWater that project activities will not affect the above listed property or any historic
properties. Data gathered from NCHPO's HPOWEB 2.0 for General Audience. Accessed July 18,
2022.